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eBook details

• Title: Consumer Electric Co. v. Cobelcomex
• Author : Illinois Appellate Court First District (1St Division) Reversed And Remanded
• Release Date : January 15, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

Rehearing denied December 16, 1986. Plaintiff, Consumer Electric Company (Consumer), appeals from an order of the circuit court of Cook County which granted a motion to dismiss filed by defendant, Owens-Illinois, Inc. (O-I), pursuant to section 2-619(a)(9) of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 2-619(a)(9)), thereby dismissing Consumer's complaint seeking foreclosure of a mechanic's lien. 1 On appeal, Consumer contends that: (1) O-I's section 2-619(a)(9) motion did not properly raise an affirmative matter with which to defeat the claim; (2) the trial court erred in electing to decide the motion on affidavits which raised genuine issues of fact; and (3) the labor and materials furnished by plaintiff were lienable. For the reasons that follow, we reverse the judgment of the trial court and remand the cause for further proceedings.

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